Chapter 151

151.150

See annotations under ORS 151.460.

151.280

NOTE: Repealed as of October 1, 2001

NOTES OF DECISIONS

This section and ORS 138.500, authorizing Public Defender Committee to determine when Public Defender is unable to serve as appointed appellate counsel, do not unconstitutionally encroach upon power of judiciary to regulate practice of law. State ex rel Acocella v. Allen, 288 Or 175, 604 P2d 391 (1979)

151.460

(formerly 151.150)

NOTE: Repealed as of October 1, 2003

NOTES OF DECISIONS

Where public defender services corporation was under contract to provide trial court services but would not be contractually compensated for appellate representation, ORS 138.500 did not exclude compensation as court-appointed counsel on appeal. State v. Garcias, 298 Or 152, 690 P2d 497 (1984)

151.480

NOTE: Repealed as of October 1, 2003

NOTES OF DECISIONS

Violation of this section, which requires appointment of attorney who meets certain standards, does not entitle defendant to dismissal of charges absent some showing of prejudice and representation by attorney not qualified under standards is not presumed inadequate. State v. Maletta, 98 Or App 643, 781 P2d 350 (1989), Sup Ct review denied

151.487

NOTES OF DECISIONS

Where initial order appointing counsel did not require defendant to pay part or all of cost of counsel, court may not revisit issue at later time. Bailey v. Johnson, 165 Or App 450, 997 P2d 871 (2000), Sup Ct review denied

Limited judgment ordering criminal defendant to pay portion of appointed counsel costs is civil judgment in special statutory proceeding appealable under ORS 19.205. State v. Shank, 206 Or App 280, 136 P3d 101 (2006)

Order for payment of appointed counsel costs is not “action” subject to ORS 19.205 requirement that amount in controversy be more than $250. State v. Shank, 206 Or App 280, 136 P3d 101 (2006)

151.505

NOTES OF DECISIONS

Prevailing party fees awarded under ORS 20.190 are not “costs” for purposes of requiring that court find defendant able to pay. McLemore v. Schiedler, 192 Or App 358, 85 P3d 344 (2004)